Can / how does Banruptcy halt an eviction ?

[Andrea M.]

I am aware the laws vary in each state. However as I was at my local courts this morning filing paperwork to have a non paying tenant of mine evicted, I over hear this conversation with a young lady and the clerk. This young lady was late to her Eviction Court Date this morning, in turn missed her hearing, the landlord was awarded immediate possession and filed the additional paperwork needed to move forward with the eviction via Sherriff.
The clerk explained to her how to file paperwork to rehear her case, this young lady also wanted to file contempt of court charges against her landlord, since she is in the process of filing bankruptcy and listed her landlord as creditor in her bankruptcy proceedings and allegedly notified her landlord of such and he (landlord) still proceeded with her eviction. I can imagine this young lady is a handful since she mentioned that she has 7 kids and works two jobs ( but hadn't paid rent O_O) and was giving the clerk a difficult time in the date and time she was given for her case to be reheard and kept asking for a time and date later in the day. The clerk kindly explained the options and she kept saying she works 2 jobs and has 7 kids, while the court date was Feb 19th, the clerk explained that is quite a bit of time in which she can make arrangements to get to court ontime. Which brings me to the initial question, although I know the laws vary from state to state, but does anyone have any feedback regarding "How a Bankruptcy can halt/stop an eviction, has anyone ever experienced this..if so, what was your experience and time frame to have the tenant evicted?

[Joel Owens]

"On the other hand, I will not exclude applicants who have already previously filed bankruptcy and had the bankruptcy discharged since I know that they won't be able to file it again for quite a few years (depending on what chapter they filed)."

The critical part is discharged and NOT DISMISSED. In some cases depending on why the case was dismissed they can refile in a very short period of time.